Daytona Police Chief - I don't need a warrant to seize guns.

[OriginalShroom]

This Veteran's name had been kept out of the press and Court records until the Daytona Police Chief decided to release it tonight, which is against the law in Florida.

Second Amendment group sues Chief Chitwood, Daytona, over seized guns | News-JournalOnline.com

Second Amendment group sues Chief Chitwood, Daytona, over seized guns

By Lyda Longa
STAFF WRITER



Published: Sunday, May 26, 2013 at 6:45 p.m.

Last Modified: Sunday, May 26, 2013 at 8:53 p.m.


DAYTONA BEACH — A Second Amendment group is suing the city of Daytona Beach on behalf of a combat veteran whose firearms the group claims were seized illegally by police.

Sean Caranna, executive director of Florida Carry Inc., also said the U.S. Army veteran's Second Amendment rights had been violated and that police had no warrant when they entered the man's home and confiscated 16 firearms. The veteran, whom Caranna would not name, served three tours of duty in Iraq and Afghanistan.

But Police Chief Mike Chitwood said Friday that the guns — which are being kept at police headquarters — were taken for safekeeping the night 26-year-old Anthony Bontempo threatened to commit suicide.

The chief said there was no need for a warrant because the guns were not taken for evidence, but for "safekeeping."

"He was not arrested, he was taken under the Baker Act," Chitwood said. "This was not a criminal case, so we did not need a warrant." Florida's Baker Act states that an individual can be taken into custody and placed under psychiatric care for up to 72 hours if the person is considered a danger to himself or herself, or others.

Caranna, who lives in Port Orange, said the veteran was released from Halifax Health Medical Center the next day when a doctor declared Bontempo was not a threat to himself.

The lawsuit — filed Friday and similar to others filed around the state — says Bontempo has not been declared "mentally defective" as defined under Florida law, and therefore his guns should be returned. The lawsuit claims that police are hanging their refusal on another state statute that prohibits anyone from giving weapons to a person of "unsound mind."

::::::::::::::::

Chitwood said Bontempo went to the Police Department after he was released from Halifax and asked for his guns. When asked to produce his mental health records, Chitwood said Bontempo came back with a letter from a doctor who diagnosed him with post traumatic stress disorder, alcoholism and systematic personality disorder.

"I said no way is he getting his guns back," Chitwood said. "I can't allow this guy to go ballistic on himself or other people. If that happens then everyone will ask why we gave him the guns back."


::::::::::::::::::::::::::::::::::

Chitwood, who along with Mayor Derrick Henry are named as defendants in the suit, said another reason the firearms were taken is because the house was left empty and if someone broke in, "Next thing you know we'll have 16 illegal guns on the street."

Caranna, however, says police went too far and that the veteran -- referred to as "A.B." in the lawsuit -- simply had "a few too many to drink" that evening and was having a bad night.

 

[TheOldSchool]

What's the problem?

 

[Old Rocks]

Hmmm........ We currently have a suicide rate of about 1 veteran per hour.

Suicide Rate Among Vets and Active Duty Military Jumps - Now 22 A Day - Forbes

Almost once an hour – every 65 minutes to be precise – a military veteran commits suicide, says a new investigation by the Department of Veterans Affairs. By far the most extensive study of veteran suicides ever conducted, the report, issued Friday, examined suicide data from 1999 to 2010.

I would bet that many in that police department are veterans themselves. So the guy was drunk and sounding suicidal, and they took his guns for safekeeping. Sounds like a rational thing to do.

But then, doing something rational and logical would never occur to you gun nuts.

 

[RetiredGySgt]

Federal law is the problem. In order to lose your right to firearms competent authority, a JUDGE, must declare you mentally unfit. A State can not lower that bar. The initial seizure was legit. The police had a potential suicide on their hands and so seized the weapons and placed the man in appropriate facility. Once he was released with OUT a Judge declaring him incompetent, the cops have to give back the weapons.

Even the State law can not include cops deciding who is and is not mentally competent, or as they put it of sound mind.

 

[RetiredGySgt]

Hmmm........ We currently have a suicide rate of about 1 veteran per hour.

Suicide Rate Among Vets and Active Duty Military Jumps - Now 22 A Day - Forbes

Almost once an hour – every 65 minutes to be precise – a military veteran commits suicide, says a new investigation by the Department of Veterans Affairs. By far the most extensive study of veteran suicides ever conducted, the report, issued Friday, examined suicide data from 1999 to 2010.

I would bet that many in that police department are veterans themselves. So the guy was drunk and sounding suicidal, and they took his guns for safekeeping. Sounds like a rational thing to do.

But then, doing something rational and logical would never occur to you gun nuts.

Well except he was released without any judgement against his mental condition and now the cops won't give back his weapons. They are violating the law and the 2nd Amendment. I agree the initial seizure was appropriate as was putting him in a facility.

 

[OriginalShroom]

Don't forget the lame excuse that they didn't want the guns to get stolen because the owner wasn't home.

 

[The2ndAmendment]

I also don't need an excuse to LETHALLY resist unlawful arrest and seizure --- according to the Supreme Court!

 

[Lakhota]

I also don't need an excuse to LETHALLY resist unlawful arrest and seizure --- according to the Supreme Court!

Well, let us know how that works out for you.

 

[C_Clayton_Jones]

What's the problem?

Ignorant conservatives.

Or conservatives who know better but lie and post misleading threads with misleading thread titles.

A law enforcement agent ‘can’ seize a firearm absent a warrant, but he won’t keep it for very long.

Any citizen who has his property seized by the government is entitled to at least administrative due process, where the government must justify the taking or return the seized property to the owner. And for any property taken and kept, there must be just compensation.

So this is yet another non-issue contrived into a controversy by the partisan right.

 

[Politico]

Let them sue. He didn't do anything wrong.

 

[TemplarKormac]

If you don't need a warrant to seize my guns, I don't need a reason to kill you in such an attempt either.

 

[Jarlaxle]

The police chief and every officer involved should spend a very long time in prison...say, a year each, with "BAD COP" tattooed on their faces. Bontempo should never have to work again due to collecting a gargantuan (say, $100,000,000) award for this.

 

[OriginalShroom]

What's the problem?

Ignorant conservatives.

Or conservatives who know better but lie and post misleading threads with misleading thread titles.

A law enforcement agent ‘can’ seize a firearm absent a warrant, but he won’t keep it for very long.

Any citizen who has his property seized by the government is entitled to at least administrative due process, where the government must justify the taking or return the seized property to the owner. And for any property taken and kept, there must be just compensation.

So this is yet another non-issue contrived into a controversy by the partisan right.

Where is the lie or mislead in the thread title?

 

[Sunshine]

This Veteran's name had been kept out of the press and Court records until the Daytona Police Chief decided to release it tonight, which is against the law in Florida.

Second Amendment group sues Chief Chitwood, Daytona, over seized guns | News-JournalOnline.com

Second Amendment group sues Chief Chitwood, Daytona, over seized guns

By Lyda Longa
STAFF WRITER



Published: Sunday, May 26, 2013 at 6:45 p.m.

Last Modified: Sunday, May 26, 2013 at 8:53 p.m.


DAYTONA BEACH — A Second Amendment group is suing the city of Daytona Beach on behalf of a combat veteran whose firearms the group claims were seized illegally by police.

Sean Caranna, executive director of Florida Carry Inc., also said the U.S. Army veteran's Second Amendment rights had been violated and that police had no warrant when they entered the man's home and confiscated 16 firearms. The veteran, whom Caranna would not name, served three tours of duty in Iraq and Afghanistan.

But Police Chief Mike Chitwood said Friday that the guns — which are being kept at police headquarters — were taken for safekeeping the night 26-year-old Anthony Bontempo threatened to commit suicide.

The chief said there was no need for a warrant because the guns were not taken for evidence, but for "safekeeping."

"He was not arrested, he was taken under the Baker Act," Chitwood said. "This was not a criminal case, so we did not need a warrant." Florida's Baker Act states that an individual can be taken into custody and placed under psychiatric care for up to 72 hours if the person is considered a danger to himself or herself, or others.

Caranna, who lives in Port Orange, said the veteran was released from Halifax Health Medical Center the next day when a doctor declared Bontempo was not a threat to himself.

The lawsuit — filed Friday and similar to others filed around the state — says Bontempo has not been declared "mentally defective" as defined under Florida law, and therefore his guns should be returned. The lawsuit claims that police are hanging their refusal on another state statute that prohibits anyone from giving weapons to a person of "unsound mind."

::::::::::::::::

Chitwood said Bontempo went to the Police Department after he was released from Halifax and asked for his guns. When asked to produce his mental health records, Chitwood said Bontempo came back with a letter from a doctor who diagnosed him with post traumatic stress disorder, alcoholism and systematic personality disorder.

"I said no way is he getting his guns back," Chitwood said. "I can't allow this guy to go ballistic on himself or other people. If that happens then everyone will ask why we gave him the guns back."


::::::::::::::::::::::::::::::::::

Chitwood, who along with Mayor Derrick Henry are named as defendants in the suit, said another reason the firearms were taken is because the house was left empty and if someone broke in, "Next thing you know we'll have 16 illegal guns on the street."

Caranna, however, says police went too far and that the veteran -- referred to as "A.B." in the lawsuit -- simply had "a few too many to drink" that evening and was having a bad night.

Interesting case. Not sure what their mental health laws say. I have called the cops on several patients who were on the phone threatening both suicide and homicide. I have never known them to take any weapons out of the home. I have on occasion called the NOK listed in the chart and asked that person to remove any weapons, but the patient was generally in my office and knew what I was doing. I can say this, threatening suicide or homicide puts a very different twist on many things including confidentiality and privilege and I would not be surprised if they did in this instance as well.

He certainly didn't need a warrant to go into the home if they guy had called a suicide crisis line an threatened to kill himself. Once in the home, the 'plain view' doctrine comes into play. If the guns were not legal and they were in plain view, yes, he could seize them.

 

[Sunshine]

What's the problem?

Ignorant conservatives.

Or conservatives who know better but lie and post misleading threads with misleading thread titles.

A law enforcement agent ‘can’ seize a firearm absent a warrant, but he won’t keep it for very long.

Any citizen who has his property seized by the government is entitled to at least administrative due process, where the government must justify the taking or return the seized property to the owner. And for any property taken and kept, there must be just compensation.

So this is yet another non-issue contrived into a controversy by the partisan right.

Actually, no it isn't. It is a case that is going on right now and discussing it is as valid as discussing any other case. Now go back to class.

 

[C_Clayton_Jones]

This topic also goes to rightwing nonsense concerning ‘gun confiscation,’ where clearly no government, state or Federal, would be able to justify such a taking, or even afford just compensation.

And how many centuries would it take to adjudicate each taking, and what would be the mechanics of the actual confiscation, what criteria would be used to determine just compensation, where would the ‘confiscated’ firearms be stored, and what would prevent gun owners from acquiring new guns.

The conservative notion of ‘gun confiscation’ is ignorant idiocy and hyperbole, where any thinking person who evaluates the idea comprehensively would realize the ridiculousness of the concept.

 

[C_Clayton_Jones]

Let them sue. He didn't do anything wrong.

Exactly.

In fact, it likely wouldn’t even get that far.

 

[alan1]

Don't forget the lame excuse that they didn't want the guns to get stolen because the owner wasn't home.

Is that an admission by the police that they can't prevent crime?

 

[Mad Scientist]

This Veteran's name had been kept out of the press and Court records until the Daytona Police Chief decided to release it tonight, which is against the law in Florida.

Sean Caranna, executive director of Florida Carry Inc., also said the U.S. Army veteran's Second Amendment rights had been violated and that police had no warrant when they entered the man's home and confiscated 16 firearms. The veteran, whom Caranna would not name, served three tours of duty in Iraq and Afghanistan.

But Police Chief Mike Chitwood said Friday that the guns — which are being kept at police headquarters — were taken for safekeeping the night 26-year-old Anthony Bontempo threatened to commit suicide.

The chief said there was no need for a warrant because the guns were not taken for evidence, but for "safekeeping."

That's the "Freedom" he served 3 tours for!

USA! USA USA! USA!

 

[dilloduck]

Don't forget the lame excuse that they didn't want the guns to get stolen because the owner wasn't home.

Is that an admission by the police that they can't prevent crime?

Lord I hope so. They can't even solve most of them. Had my apartment robbed a couple of years ago and I had a pretty good idea of who might have done it. The cops didn't even bother to talk to me. Vigilantism looks better and better to me.